Opinion issued August 25, 2004

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00889-CV

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IN RE JOHNNY CROCKETT, ANDRA KITCHEN, AND ROBERT KITCHEN, Relators

Original Proceeding on Petition for Writ of Injunction

MEMORANDUM OPINION

           Relators, Johnny Crockett, Andra Kitchen, and Robert Kitchen, have filed a petition for writ of injunction seeking to enjoin any further filing, either in District Court for the State of Texas or in the United States District Court, in the case of Johnny Crockett, Andra Kitchen, and Robert Kitchen v. R.J. Reynolds, et al., cause number 03CV1391, which is pending in the 10th District Court of Galveston County, Texas.

           We deny the petition for writ of injunction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Taft and Jennings.